Lawyer blasts city for ‘no position’ in cop’s $2.7M inheritance

PORTSMOUTH — Attorney Paul McEachern said he’s concerned, “as a citizen and a lawyer,” that the city is taking no position in a legal dispute over a $2.7 million estate that was largely left to police Sgt. Aaron Goodwin.

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By Elizabeth Dinan

seacoastonline.com

By Elizabeth Dinan

Posted Jul. 24, 2014 at 4:07 PM
Updated Jul 24, 2014 at 4:08 PM

By Elizabeth Dinan

Posted Jul. 24, 2014 at 4:07 PM
Updated Jul 24, 2014 at 4:08 PM

» Social News

PORTSMOUTH — Attorney Paul McEachern said he’s concerned, “as a citizen and a lawyer,” that the city is taking no position in a legal dispute over a $2.7 million estate that was largely left to police Sgt. Aaron Goodwin.

“That’s what people are concerned about,” he said. “I think in the end, there’s going to be an outcry and a demand for an investigation.”

McEachern represents four clients who were beneficiaries of the late Geraldine Webber in her 2009 will, but were deleted or named as reduced beneficiaries of her 2012 estate. Webber’s last will and trust added Goodwin as a beneficiary and gave him her waterfront home, stocks, bonds and a Cadillac.

Multiple parties allege in court that Goodwin unduly influenced Webber while she was impaired by dementia, while he has consistently denied the allegations.

A mediation hearing is scheduled for Monday at the law office of Ralph Holmes, who is representing Hampton attorney Gary Holmes, who drafted Webber’s contested 2012 will and trust. McEachern said he won’t attend, saying the facts of the dispute should be heard in open court.

“I think they’re going to try and divide up the money to make the big players happy and then see if they can get it approved by the court,” he predicted.

Under the terms of Webber’s 2009 will, the city police and fire departments were each designated to receive one-quarter of Webber’s estate, after the sale of her home and assets. In the will and trust Webber endorsed in 2012, the departments are each named as $25,000 beneficiaries.

McEachern said he has concerns about the city’s lack of position with regard to that money.

“The problem I have, is that there are serious allegations against a police officer, who befriended a caller complaining about prowlers, and the city, although it was a substantial beneficiary under the original will, takes no position about losing that amount of money.”

McEachern said any benefit to Goodwin means “the victim, the city, and the perpetrator, Aaron Goodwin, are sharing in the proceeds of what he accomplished by influencing this demented lady.”

If the city receives nothing, McEachern said, “it’s almost as bad as sharing it with Goodwin.”

City Attorney Robert Sullivan said, “the fact that the city is not taking a formal position is a very carefully thought out position,” while he declined to elaborate.

McEachern also questioned how Sullivan can represent the police and fire departments as beneficiaries, as well as the city as Goodwin’s employer, because, he said, the parties have different interests.

Sullivan said, “Paul McEachern should represent his client and I’ll represent mine.” The city attorney would not comment about whether the police and fire departments have interests that conflict with the city.

Sullivan said he will be attending Monday’s mediation hearing.

If the parties agree to an out-of-court settlement on Monday, it still must be approved by a probate court judge. A trial to hear evidence in the case is scheduled for January 2015.

Webber’s disabled grandson Brett is represented by attorney Lisa Bellanti. Webber’s only living heir, he was excluded from the 2012 will and trust.

Manchester attorney David Eby is representing the Memorial Sloan-Kettering Cancer Society and The Shriners Hospital for Children. His clients were each $500,000 beneficiaries under the 2009 will written by Portsmouth attorney Jim Ritzo, then were named as $80,000 beneficiaries under the 2012 estate plans drafted by Holmes.

Eby alleges Goodwin befriended Webber, who was diagnosed with dementia in 2010, before helping her visit several lawyers to change her estate plans. Three Portsmouth lawyers have given depositions that confirm they were contacted about changing Webber’s estate plans before Holmes drew up the 2012 will.

Attorney David Mulhern said during a sworn deposition that five things concerned him: that he was initially contacted about changing a will by a potential beneficiary, that the potential beneficiary was a police officer, that Webber was of advanced age, that she may not have known the true value of her property and that she was dissatisfied with her longtime lawyer.

Attorney William Boesch said during a deposition that he was asked to change Webber’s will and never came to a complete conclusion about her capacity to sign a will, after her accountant expressed concerns. Boesch said he went on a vacation and when he came back, he learned Webber was talking to another lawyer.

Attorney John “Jack” McGee said in a deposition that he had concerns about Goodwin’s relationship with Webber and whether or not Webber had a sufficient understanding of her family to execute a new will. He said when he met with Webber she began to fade and “misfire” as time went on and he eventually declined to take the case citing a conflict of interest with Webber’s neighbor.

On May 2, 2012, Webber signed papers with attorney Gary Holmes to leave Goodwin the bulk of her estate. She died seven months later at age 94.